Smt Muniyamma vs The Special Deputy Commissioner
2022 Latest Caselaw 11483 Kant

                          1



 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 22ND DAY OF AUGUST 2022

                       PRESENT

            THE HON'BLE MR. ALOK ARADHE
                ACTING CHIEF JUSTICE

                         AND

     THE HON'BLE MR.JUSTICE S. VISHWAJITH SHETTY

             W.A. NO.192 OF 2022 (SC-ST)

BETWEEN:

SRI. M. KADRIYAPPA,
S/O. LATE MUNIYAPPA,
DEAD BY HIS LR'S.,

1.     SMT. MUNIYAMMA
       W/O. LATE KADEERAPPA,
       AGED ABOUT 55 YEARS,

2.     SMT. CHIKKAMUNIYAMMA
       W/O. LATE KADEERAPPA,
       AGED ABOUT 53 YEARS,

3.     SRI. CHANDRAKUMAR
       S/O. LATE KADEERAPPA,
       AGED ABOUT 27 YEARS,

4.     SMT. MUNILAKSHMAMMA
       D/O. LATE KADEERAPPA,
       AGED ABOUT 23 YEARS,

       ALL ARE R/AT SURADENAPURA VILLAGE,
       HESSARAGATTA HOBLI,
       BANGALORE NORTH (ADDL) TALUK,
                             2



       BANGALORE.
       REPRESENTED BY THEIR GPA HOLDER
       SRI. BETTAIAH,
       S/O. BETTE GOWDA,
       R/AT NOS. 29 AND 30,
       7TH "A" CROSS,
       23RD MAIN ROAD, J.P. NAGAR,
       2ND PHASE, BANGALORE - 560 078.
                                       ... APPELLANTS

[BY MR. B. RAVINDRANATH, ADV., (ABSENT)]

AND:

1.     THE DEPUTY COMMISSIONER,
       BANGALORE DISTRICT,
       BANGALORE - 560 009.

2.     THE ASSISTANT COMMISSIONER
       BANGALORE NORTH SUB-DIVISION,
       BANGALORE - 560 002.

3.     SHRI. HEZRON JACOB
       S/O. REUBE JACOB,
       AGED MAJOR.

4.     SMT MADHU NAIDU
       W/O. SHRI. HEZRON JACOB,
       AGED MAJOR,

       R3 AND R4 ARE R/A NO.'C' 412,
       NEELADRI MAHAL,
       NANDIDURGA ROAD,
       JAYAMAHAL EXTENSION,
       BANGALORE - 560 046.

5.     SHRI. MUNIYAPPA
       S/O. LATE MINIMARAPPA,
       AGED MAJOR,

6.     HANUMAPPA
                               3



       FATHER'S NAME NOT KNOWN,
       AGED MAJOR,

7.     SMT. GANGAMMA
       W/O. LATE THIPPAIAH,
       AGED MAJOR,

8.     SMT. VENKATALAKSHMAMMA
       W/O. LATE RAJANNA,
       AGED MAJOR,

9.     SHRI. MUNIKRISHNAPPA
       S/O. LATE CHIKKADASAPPA,
       AGED MAJOR,

       RESPONDENT NOS.5 TO 9 ARE
       R/AT. SURADENAPURA VILLAGE,
       HESARAGHATTA HOBLI - 560 073,
       BANGALORE NORTH (ADDL) TALUK.

10 .   SHRI. T.S. BYLAPPA
       S/O. LATE SIDDARAMAIAH,
       AGED MAJOR,
       R/AT CHOKKANAHALLI VILLAGE,
       BANGALORE NORTH TALUK,
       BANGALORE - 560 073.

11 .   SHRI. C.K. KARIYAPPA
       S/O. KUSHALAPPA,
       AGED MAJOR,
       R/AT GONIKOPPA,
       DAKSHNA KODAGU,
       KODAGU DISTRICT - 571 236.

12 .   SHRI. K. SITHARAM
       FATHERS NAME NOT KNOWN,
       AGED MAJOR,
       NO.47/1, 5TH MAIN ROAD,
       CHAMARAJPET,
       BANGALORE - 560 018.
                                       ... RESPONDENTS
                               4



(BY MR. S.S. MAHENDRA, AGA., FOR R1 & R2.)
                         ---

     THIS WRIT APPEAL FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER
PASSED BY THE LEARNED SINGLE JUDGE DATED 21.01.2020
IN WRIT PETITION NO.44527/2013(SC ST) PASSED BY THIS
COURT AND ALLOW THIS APPEAL.

     THIS WRIT APPEAL COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ACTING CHIEF JUSTICE DELIVERED
THE FOLLOWING:

                          JUDGMENT

This intra court appeal arises from an order

21.01.2020 passed by learned Single Judge, by which

writ petition preferred by the appellant has been

dismissed.

2. Facts giving rise to filing of this appeal

briefly stated are that land bearing Sy.No.31/17 New

Survey No.58 measuring 2 acres situate at

Sriramanahalli Village, Hessarghatta Hobli, Bangalore

North (Addl.) Taluk was granted in favour of one late

Munidasappa on 10.09.1949. The aforesaid land was

alienated under a registered sale deed dated

06.07.1967 and thereafter was re-conveyed on

22.03.1969, 31.06.1980, 31.12.1992 and

30.11.1993.

3. An application was filed after a delay of 26

years in the year 2006 before the Assistant

Commissioner under Section 5 of Karnataka

Scheduled Castes And Scheduled Tribes (Prohibition

Of Transfer Of Certain Lands) Act, 1978 (hereinafter

referred to as 'the Act' for short). The Assistant

Commissioner by an order dated 01.04.2008 allowed

the application. Against the aforesaid order, an appeal

was preferred by the Deputy Commissioner, who

allowed the same by an order dated 27.09.2012. The

aforesaid order passed by the Deputy Commissioner

was challenged in a writ petition before the learned

Single Judge which has been dismissed by impugned

order 21.01.2020. In the aforesaid factual

background, this appeal has been filed.

4. We have heard learned counsel for the

appellants and have perused the record. The Supreme

Court in 'NEKKANTI RAMA LAKSHMI Vs. STATE OF

KARNATAKA AND OTHERS' 2017 SCC Online SC

1862 has held that even though no time limit is

prescribed for initiation of action under the Act, yet

the same has to be initiated within reasonable time.

5. In the instant case, the land in question was

granted on 10.09.1949. The same was alienated on

06.07.1967, 22.03.1969, 31.06.1980, 31.12.1992

and 30.11.1993. The legal representatives of the

grantee filed an application for resumption of the

same after a period of 26 years from the date when

the act came into force i.e. 01.01.1979. No

explanation has been offered for making such an

application after an inordinate delay of 26 years. The

Deputy Commissioner, therefore, has rightly held that

the legal representatives of the grantee are not entitled

to resumption of the land and the said order has been

upheld. For the aforementioned reasons, we do not

find any merit in this appeal. The same fails and is

hereby dismissed.

Sd/-

ACTING CHIEF JUSTICE

Sd/-

JUDGE SS